Public Defender's Office to look into cases involving King City cops

The Monterey County Public Defender's Office is establishing a "public integrity unit" to examine current and past cases affected by the arrest of a third of the King City Police Department.

Assistant Public Defender Don Landis, who will lead the five-person team, said thousands of cases may need to be reviewed.

Landis said the District Attorney's Office provided a list of the officers charged with misconduct, but has not identified specific cases in which those officers were witnesses. Given that prosecutors have said they began investigating allegations of misconduct as far back as 2010, Landis said he is concerned evidence that should have been turned over to the defense was withheld. Prosecutors are required to share evidence that could benefit a defendant, often referred to as "Brady evidence."

Landis said he and Public Defender Jim Egar will be meeting with the District Attorney's Office to establish parameters for moving forward with an investigation.

"We are not relying on any outside determination of the extent of the problem, but of course, will take it into proper consideration," Landis said.

Chief Assistant District Attorney Terry Spitz confirmed his office would meet soon with Landis and his team to discuss the situation. He denied that his office has been investigating the King City Police Department for three years. While it was aware of community distrust of the department in 2010, Spitz said, "that's a far cry from a crime" being committed.

Spitz said the district attorney's investigation began in September or October. Prosecutors responsible for filing cases were kept abreast of the officers who were being investigated, he said, and cases in which they were involved were not filed unless they could be proved without the officers' assistance. Likewise, he said, some cases that had been filed were dismissed.

Spitz said he would not reveal the names of those defendants because his office is still trying to gather enough evidence to refile them.

Landis said if his office identifies cases where an accused officer's credibility was an issue, either prosecutors can agree to reopen the cases, or his office will pursue writs of habeas corpus.

"We will seek justice on any and all cases legally affected by the police corruption," he said. "We will be fulfilling our constitutional and statutory duties to protect the public from such governmental abuse."

Monday's announcement follows the Feb. 25 arrests of six current or former King City police officers and one civilian. Sgt. Bobby Carrillo and Brian Miller, owner of Miller's Towing, were charged with conspiracy and bribery in connection with a scheme to impound and keep cars belonging to low-income unlicensed drivers. Then-acting police chief Bruce Miller, brother of Brian Miller, was charged with accepting one of the cars as a bribe.

Arrested on charges unrelated to the alleged auto-impound conspiracy were former police chief Nick Baldiviez and officer Mario Mottu Sr., who are accused of embezzlement in connection with a city-owned vehicle that was signed over to Mottu; officer Jaime Andrade is charged with possession and illegal storage of an assault weapon; and officer Mark Baker, was charged with threatening great bodily injury to a resident.